Appeal Court judges rejected an appeal against a killer who choked his mother to death, then used the defense of ‘rough sexual sex’ in court.  

After admitting to the murder of Sophie Moss (a mother-of-2 who was beaten to death by Pybus), 32-year-old Sam Pybus was sentenced to four years and eight month in prison.

This sentence caused outrage in the nation and was sent to the Court of Appeal by the Attorney General as “unduly lenient”.  

Teesside Crown Court heard that Pybus, a drunk, applied pressure to Pybus’ neck for tens or even minutes in her Darlington flat, County Durham in February.

Pybus found Ms. Moss naked and unresponsive when he awoke. However, he did not dial 911 and waited for about 15 minutes in his car before driving to a station to call the police.

Sam Pybus, 32, with his now ex-wife Louise Howitt, was jailed for four years and eight months after admitting the manslaughter of Sophie Moss, a vulnerable mother-of-two who he strangled to death in bed

Sam Pybus was 32 years old and jailed with Louise Howitt. They admitted to the manslaughter Sophie Moss (a pregnant mother of two who he choked to death) in their bed.

Pybus, 32, killed his mistress Sophie Moss, 33, (pictured) by applying pressure to her neck during sex

Pybus, 32 years old, killed Sophie Moss (pictured), by pressing down on her neck in sex.

An examination post-mortem revealed that he had put enough pressure on her neck to cause death. The evidence did not show any violence or injuries.

Crown Prosecution Service stated that there wasn’t enough evidence to prove a murder charge because there is no indication that he wanted to harm her.

Pybus of Middleton St George in Darlington told police that he had been with Ms Moss for 3 years and she had encouraged him to strangle his wife during consensual sexual sex.

A court was informed that Ms. Moss’s partner of many years, which has not been named, stated the same.

Pybus's court sentence sparked widespread revulsion and disgust due to its length

Pybus’s lengthy sentence at court sparked disgust and widespread revulsion.

Centre for Women’s Justice, along with the campaign group We Can’t Consent to This applied for permission to interfere in the case. “To ensure that the court has the most up-to-date information about the harms and understand of strangulation in domestic abuse contexts”

The case will be heard by Lady Justice Macur and Lady Justice Carr at the Royal Courts of Justice, London starting at 10 a.m. on Friday.  

James Moss, her older brother, spoke out during the court hearing to Judge Paul Watson QC about his belief in Ms Moss being ‘taken advantage and exploited’. 

Pybus’ ex-wife has been pushing to extend the prison sentence of the killer. Louise Howitt said: ‘It seems to me like a massive injustice to Sophie, her family and her two children.

Louise Pybus, the estranged wife of killer Sam Pybus, has backed a referral under the Unduly Lenient Sentencing scheme made by the Attorney General

Sam Pybus, 32, was jailed this month for four years and eight months for the manslaughter of Sophie Moss

Sam Pybus, who killed Sophie Moss during sex, is less concerned with not seeing her pet dog than he is about showing compassion for the victim. His wife Louise Pybus has stated that Pybus (right), said that he was more worried about his own safety than he is about Sophie Moss’s well-being.

“I do not believe that their sons should be taught a different story about the death of their mother. 

“She should not be held responsible for this, it is a huge insult to suggest she brought it on herself. It’s victim blaming.

It is an instance of abuse and exploitation. However, that has not been the case in court.

Is there an unduly mild sentence?

Public can ask the Attorney General for a referral to the Court of Appeal to correct a sentence that is considered too high under the Unduly Lenient Sentence Scheme.

The Attorney General’s Office can review very low sentences given by the Crown Court in England and Wales, if asked to do so.

The only exception to this rule is murder, manslaughter or rape sentences. 

The law requires that the sentence be deemed ‘unduly mild’ if it is to meet the requirements for being ruled unjustly lenient.

Anybody can ask for a sentence review, even if they’re not involved directly in the case.

If the Attorney General chooses to refer the case to Court of Appeal they will determine if it should be left as is, if it’s too mild and raise it, or reopen the case.

I don’t know what to think. [Pybus]The sentence Sophie was given reflects how Sophie’s children are going to be treated.

“Four years, eight months and being out just over two years ago does not represent the life of pain he’s caused for his two children and their entire families. Darlington Live: “My heart breaks for them.”

The judge was astonished that Pybus failed to call an ambulance and attempt to revive Ms. Moss.

Instead, he dressed up, went to her house, and then sat down in his car for 15 mins, deliberating on what to do. He finally turned himself in at Darlington Police Station.

Tragically, paramedics couldn’t save the 33-year old mum when they arrived.

Over the course of the day, Ms. Howitt didn’t realize Pybus had fled their home until the morning and began to piece the pieces.

«[Police said]We can’t give you the details of his actions – they are still trying to figure it out themselves, but you’ll be able to draw your own conclusions through our questions,” said Ms. Howitt.

“The first thing they wanted to know was “Did Sam strangle you in bed?”

“My first reaction was that he likes doing this.

“There wasn’t a part of me that believed he wouldn’t do that. I immediately thought it made sense.

“I had told them at the beginning of our relationship that he had done this to me. After eight years together, he soon realized it wasn’t for me. He never spoke to me about this, and he didn’t ask if he could do it for him.

“They were focused on what he did, how did it happen, and what was his intention when he did it.

They didn’t ask for any further delving questions. He was very confused and I did not realize that I was experiencing abuse at the time.

“It felt like they were trying to find evidence for him in order to back up his story.”

Ms Howitt says Pybus was financially and emotionally abusive during their relationship – claiming he got them into around £10,000 worth of debt through pay day loans and reckless spending, was manipulating and gas-lighted her into thinking she was the reason he felt forced to cheat when she had previously discovered his infidelity.